Confirming or Challenging Separate Property in Divorce
Texas is a community property state. The court starts with the assumption that all assets at the time of divorce are joint property subject to division. The burden of proof is on a spouse to prove that any assets are immune as separate property.
The law firm of Bill De La Garza & Associates, P.C. is effective in negotiation or litigation of separate property disputes. We can represent either party in divorce to convince the court that certain assets are separate from the estate, or in contesting separate property status when those assets would deprive our client of a substantial chunk of their rightful distribution.
We handle all complex property division matters, serving high net worth clients, business owners and other divorcing parties in greater Houston, Harris County, Galveston County and surrounding communities of Texas. Schedule your appointment today.
Texas Divorce Asset Protection Lawyers
Whether you are asserting or challenging separate property, attorney Bill De La Garza is a powerful ally for your cause. Mr. De La Garza, Board Certified, Family Law - Texas Board of Legal Specialization, brings 35 years of experience to the complicated issue of characterizing the nature of assets.
In general, separate property is (a) anything owned prior to marriage, (b) inheritance or gifts to one party during marriage or (c) proceeds of a personal injury lawsuit. But it's not always that black-and-white.
There are many scenarios in which such property is still subject to a 50-50 split or in which the spouse is entitled to partial consideration:
- Commingled assets: If separate property accounts are combined, or if community assets were used to purchase or enhance a separate asset, the court may designate it as community property. Examples might include an addition to the house or investment of marital funds in a closely held business.
- Increase in value: The portion of a separate asset that increased in value during marriage, such as a pension or 401(k), may be subject to community property laws.
- Title to property: If a spouse's name was added to the title of the home or other property (a refinancing, for instance), Texas law presumes that the spouse is entitled to an equity interest in that asset at divorce. Conversely, buying property in your name only during marriage does not make it separate property.
- Tracing: If documentation of transfers and transactions involving separate property cannot be produced, the court can rule those assets to be community property.
- Premarital and marital agreements: Assets identified in marital contracts may override the community property assumption, but these agreements can be challenged.
We have a network of tracing experts and forensic accountants who can support either position regarding separate property — proving that it belongs to you alone or that it should go into the marital pot as part of the overall distribution of the estate.
Houston Divorce Property Division Attorneys
Mr. De La Garza and his legal team are prepared to go to trial when these issues cannot be resolved, if it makes financial sense to do so. Call us at 888-707-0064 to arrange a time to discuss separate property and all aspects of divorce planning.
